Tuesday, October 16, 2012

Hughes News: Habeas Intro

Not only have I ceased writing of subjects other than Preston Hughes, I have ceased writing of Preston Hughes on this august blog other than to provide brief updates, as in this post.

I am drafting a petition for writ of habeas corpus based on Preston's actual innocence. The petition may serve any one of three purposes.

First, it will provide Preston's attorneys with my insight into Preston's innocence. It is my strong preference that his attorneys and I work closely together on this petition. They understand the law and I understand the evidence of innocence. They have, however, not responded to my overtures. I am therefore using the draft habeas as a means of making available the evidence of actual innocence in a form that will be easy to incorporate into any habeas they may elect to prepare.

Second, the draft petition will provide a public example of an aggressive, thorough, and compelling petition that can be assembled for Preston Hughes. If Preston's attorneys fail to submit a petition, or submit one that is inadequate, then the public will be able to pass judgement on their performance.

Third, if the attorneys fail to prepare a petition, or prepare one that is inadequate, then Preston Hughes will have the option to submit pro se the petition that I prepared. It will be his choice.

He knows it's coming before long.

I placed the working draft of the petition on Skeptical Juror Docs. I'm further along than it may seem by what is available in the working draft. Given that I needed to begin by educating myself on the law, and given that I now believe I have the law and the evidence working hand-in-hand, I am pleased with the progress. That which is already available online gives a detailed overview of how the petition will soon unfold.

Hopefully on Tuesday night I will amend the working draft to include the portion on actual innocence, and on Wednesday night the portion on due process.

Time is very short, and I'm running on limited sleep.

If there are any death penalty attorneys out there willing to review my work, please contact me.


Unknown said...

TSJ, I am no lawyer, but your draft Writ of Habeas Corpus looks AMAZING. I plan to read it in detail over the next few days. Hope you don't mind if I ask some questions or offer an opinion or 2. Can't hurt. right?

tsj said...

Besides looking for lawyers who can review it for legal sufficiency / accuracy, I'm looking for lay people who will review it for grammar, typos, readability, and clarity. Feel free to contact me as per the post above.

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